Lancaster, CA asked in Family Law for California

Q: My ex-husband won a relocation case, but now he's not moving? Is this allowed?

He is also mocking me on the phone that he has sole custody now and doesn't have to answer to me, when I was asking the details of his move because obviously I am going to live wherever my son lives... We have legal custody and the only reason he has sole is because the judge had to pick one of us because he was leaving state? I can't afford an attorney I am just wondering if this is allowed?

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2 Lawyer Answers
James R. Dickinson
James R. Dickinson
Answered
  • San Bernardino, CA
  • Licensed in California

A: Hire an attorney who can raise this with the court. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: Relocation Orders: If the court granted your ex-husband permission to relocate with your child, it typically means that he was given approval to move out of state or a certain distance away with your child. This would likely be outlined in a court order or parenting plan.

Compliance with Court Orders: Both parents are generally expected to comply with court orders regarding custody and visitation arrangements. If your ex-husband is not following the court-ordered relocation or is refusing to provide you with information, he may be in violation of the court order.

Communication and Co-Parenting: Effective communication and co-parenting are crucial for the well-being of your child. If your ex-husband is mocking or being uncooperative during conversations, it may be beneficial to keep a record of such incidents and consult with an attorney to discuss potential options for addressing the issue.

Legal Assistance: While it can be challenging without an attorney, it is important to seek legal advice to understand your rights and options. You may be eligible for legal aid or pro bono services that provide free or reduced-cost legal representation. Additionally, some family law courts offer self-help resources or clinics where you can receive guidance on navigating your case without an attorney.

Modifying Court Orders: If you believe that a modification of the custody or relocation order is necessary due to your ex-husband's non-compliance or other significant changes in circumstances, you may need to pursue a legal modification. Consulting with an attorney will help you understand the specific requirements and processes for modifying court orders in your jurisdiction.

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